Litigation Strategy for In-House Counsel - Stewart McKelvey

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SPOILIATIONArthur Andersen – a cautionary tale…• AA was an accounting firm that had done work for Enron;there was evidence of accounting irregularities.• AA became aware of the potential investigation intoEnron but issued no “hold” on documents in itspossession relating to work done for Enron. Instead, AAmanagement “reminded” employees of the existingdocument retention policy and a number of relevantdocuments were destroyed.• Led to the company’s criminal conviction for obstructionof justice!222013 NB IN-HOUSE COUNSELPROFESSIONAL DEVELOPMENT DAY© 2013 Stewart McKelvey all rights reserved
SPOILIATIONSpoiliation – no joking matter!232013 NB IN-HOUSE COUNSELPROFESSIONAL DEVELOPMENT DAY© 2013 Stewart McKelvey all rights reserved
Page 3 and 4: Determining whether to hire externa
Page 5 and 6: RELATIONSHIP WITHEXTERNAL COUNSELRe
Page 7 and 8: RELATIONSHIP WITHEXTERNAL COUNSELCo
Page 9 and 10: BUDGETING ANDSCHEDULINGBudgeting•
Page 11 and 12: STAGES OF LITIGATIONStages of the L
Page 13 and 14: THEORY OF THE CASE/INITIAL OPINIONI
Page 15 and 16: RECORDSMANAGEMENTRecords Management
Page 17 and 18: E-DISCOVERYRealities of E-Discovery
Page 19 and 20: THE SEDONAPRINCIPLESThe Sedona Prin
Page 21: E-DISCOVERYTechnical Aspects of E-D
Page 25 and 26: QUESTIONS252013 NB IN-HOUSE COUNSEL
Page 27 and 28: Kenneth McCullogh, Q.C.Your top gun
Page 29 and 30: Activities• Member, Canadian Bar
Page 31 and 32: Contact informationSuite 1000, Brun
Page 33 and 34: Sarah Dever Letson“The leading ru

Litigation Strategy for In-House Counsel - Stewart McKelvey

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